Robert Swindol v. Aurora Flight Sciences Corp.
832 F.3d 492
| 5th Cir. | 2016Background
- Swindol, an Aurora Flight Sciences employee, parked his truck on company property in May 2013 with a firearm locked inside; Aurora terminated him the same day for violating a no-firearms policy.
- Aurora’s HR manager held a plant-wide meeting stating Swindol was a “security risk” and instructing employees to call 9-1-1 if they saw him at the facility.
- Swindol sued under Mississippi law for wrongful discharge and defamation (slander per se).
- The district court dismissed the wrongful discharge claim with prejudice and the defamation claim without prejudice; Swindol appealed.
- The Fifth Circuit certified a question about Mississippi Code § 45-9-55’s effect on at-will employment to the Mississippi Supreme Court; that court held the statute creates a statutory exception to at-will discharge for firearms locked in vehicles on company property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discharge for storing a firearm locked in a vehicle on company property can be wrongful under Mississippi law | Swindol: §45-9-55 protects such conduct and creates liability for firing him | Aurora: §45-9-55 does not create an exception to at-will employment | The Mississippi Supreme Court held §45-9-55 creates a statutory exception equivalent to recognized public-policy exceptions; Fifth Circuit reversed district court and allowed wrongful-discharge claim to proceed |
| Whether HR’s statements were actionable defamation (slander per se) | Swindol: Calling him a “security risk” and urging 9-1-1 calls implies criminality/danger and is slander per se | Aurora: (implicit) statements were non-actionable or not proven false | Fifth Circuit affirmed dismissal because complaint failed to allege the statements were false, so claim was not plausible under Rule 12(b)(6) |
Key Cases Cited
- Morin v. Caire, 77 F.3d 116 (5th Cir. 1996) (standard of review for Rule 12(b)(6) dismissal)
- McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993) (recognized public-policy exceptions to at-will employment)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleadings)
- Franklin v. Thompson, 722 So. 2d 688 (Miss. 1998) (element requiring a false and defamatory statement in Mississippi defamation law)
- Speed v. Scott, 787 So. 2d 626 (Miss. 2001) (description and significance of slander per se)